Reference re supreme court act, ss 5 and 6, 2014 scc 21 is a decision of the supreme court of canada concerning the eligibility of members of the quebec courts and the quebec bar to be appointed to the three seats on the supreme court reserved for quebec. Quebec wants to join challenge to marc nadons court. Supreme court rejects harper appointee marc nadon toronto sun. Marc nadon, the semiretired federal court of appeal judge from quebec, is not eligible to sit on the court because he does not meet the specific requirements for the jurists appointed from that. The process by which supreme court judges are appointed is traditionally a quiet affair, but this certainly wasnt the case when prime minister stephen harper selected justice marc nadon for appointment to canadas highest court. Supreme court of canada rejects harper judicial appointee nadon. Nadon, marc, orleans, ontario, estates trusts, real estate skip to main content. Commentary on the tiff between the prime minister and the chief justice regarding the abortive appointment of marc nadon to the supreme court has, in the main, gone easy on chief justice beverley mclachlin.
On october 3, 20, prime minister stephen harper appointed justice marc nadon to the supreme court of canada. Back in february, i wrote a post on the problem with marc nadon s appointment to the supreme court of canada. A toronto lawyer has launched a challenge against the appointment of justice marc nadon to the supreme court of canada as one of the three judges representing quebec on the courts bench. The tories amended the supreme court act last year to allow the appointment of a jurist who is currently or has in the past been a member of the quebec bar with at least 10 years standing a provision that applies to nadon. As a federal court judge, the supreme court act precludes nadon from being appointed to the supreme court act, says lawyer rocco galati, who is joining with. Supreme court rejects harpers appointment of marc nadon. Supreme court refuses appointment of judge marc nadon. Justice marc nadon was named to the supreme court in september but, after the court decided in a government reference that he was not eligible to represent quebec, he returned to his old job at. Oct 02, 2019 doctrine is everything for marc nadon, the outspoken conservative justice rejected by canadas supreme court. Supreme court appointments now shrouded in secrecy, experts say.
Although retrospective legislation was introduced after the appointment of justice marc nadon to the court. It is a puzzling decision coming from a mclachlinled court, given how it otherwise always avoided a strict. Marc nadon 1009 st joseph bl orleans on lawyer profile. After question period today, the government tabled responses to three sets of order paper questions related to the marc nadon appointment and. The retiring judge says he feels very sorry for what happened to justice marc nadon two years ago. Supreme court ruling on judge marc nadon exposes flaws in. This is a compelling and comprehensive book that will captivate law students. An interview with beverley mclachlin, former chief justice. Justice marc nadon was put into a difficult position as the supreme court ruled on his eligibility for the top bench. The problem with the nadon appointment from eh to zed. Dec 05, 2019 but religion is otherwise undefined, so it was left to the court to decide whether this particular expression of atheism qualifies. Justice marc nadon has stepped aside pending the outcome of a legal challenge to his appointment. Harper ran into trouble immediately when nadons name was legally challenged on the.
Harper government genuinely surprised by supreme courts. Dennis baker and i published this in the national post on may 7, 2014. Aug 04, 2015 but the breaking point came with harpers controversial 20 appointment of marc nadon to the top bench. He replaces justice morris fish, who was a scc justice from 2003 up until his retirement earlier this year. Marc nadons supreme court appointment blocked by top. Marc nadon appointment rejected by supreme court cbc news. Pm stephen harpers appointment of marc nadon is not. Justice nadon, 64, was most recently a partlyretired federal court of appeal judge. Justice nadon was already in semiretirement supreme court judges must retire at 75 years of age, and was born, practiced law for ten years, but as of his appointment, has not been a member of the quebec bar, and taught law in quebec. Questions for beverley mclachlin re the nadon appointment.
Supreme court appointee nadon may yet return times. The legal battle over prime minister stephen harpers sixth appointment to the top court only occasionally touched upon the credentials of justice marc nadon, the man at the centre of the. Liberal leader justin trudeau said the rejection of nadon to the supreme court is a reflection of harpers poor judgment. Mackay defends nadon appointment to supreme court as senate. He has practised law in both quebec and the united kingdom, focusing on maritime and transportation law. Harper s tricky supreme court strategy in october 20, the federal government appointed a federal court of appeals judge, marc nadon, to fill a seat on the bench of canadas supreme. Marc nadon cannot take his seat on the supreme court of canada, the courts justices said friday, in an unprecedented move that blocks prime minister stephen harpers latest appointment to. Marc nadon s supreme court appointment blocked by top court mike blanchfield and bruce cheadle, the canadian press cp ottawa stephen harper has come almost full circle.
Jul 04, 2014 he stuck it to the government when he successfully challenged the appointment of marc nadon to the supreme court of canada. May 20, 2014 the supreme court of canadas rejection of marc nadons appointment on friday is much more than simply an affront to the prime minister. A skeptical supreme court weighs the future of harpers. Marc nadon was born in stjerome, quebec, on september 7, 1949. In 20, the honourable marc nadon was a supernumerary judge of the federal court of appeal a supernumerary judge of the federal courts has a reduced workload, having served 15 years and whose combined age and service total 80, or 10 years of service by age 70. Justice marc nadon s supreme court appointment sparks. Justice nadons supreme court appointment in 20 was the catalyst for an. Marc nadon cannot take his seat on the supreme court of canada, the courts justices said friday, in an unprecedented move that blocks prime minister stephen harpers latest appointment to the top court. The process of consultation and dialogue we are engaging in today is now wellhoned, given that this is the fourth time its been used, unless im mistaken. With more than 25 years of experience, marc has represented the legal interests of clients throughout the sale and purchase of their homes or investment properties. Here, for the first time, is the complete story of the nadon reference one of the strangest sagas in canadian legal history. Ottawa ignored marc nadon appointment warning youtube.
After question period today, the government tabled responses to three sets of order paper questions related to the marc nadon appointment and the supreme court, questions tabled by liberal mps. Nadon appointment rejected on technicality, justice cromwell says. Marc nadons failed journey to the supreme court cbc news. In a sixtoone decision, a majority of justices on the top court ruled that nadon doesnt qualify to join them on the court. Oct 05, 2015 hugo cyr, the bungling of justice nadons appointment to the supreme court of canada, 67 sup. Join facebook to connect with marc nadon and others you may know. Marc nadon appointment was redflagged by chief justice may 1 2014 leslie mackinnon cbc beverly mclachlin told pmo there could be an issue with naming nadon to top court.
A skeptical supreme court weighs the future of harpers controversial appointment. Both the ndp and liberals say the government could have dealt with the matter sooner. Its about five glaring, embarrassing, damaging, unnecessary, and perfectly justified defeats in the highest court in the land. She issued a press release saying shed done nothing wrong and setting out the facts. Friday, march 21st, the supreme court of canada issued their ruling on the reference case posed to it by the governor in council essentially, the prime minister and the cabinet. Supreme court of canada rules 61 against harper governments appointment of marc nadon.
Back in 2014, the prime minister accused mclachlin of wrongly interfering in the appointment of the next justice of supreme court, specifically the nomination of justice marc nadon of the federal court of appeal. Share adjust comment print reacting to last fridays 61 decision by the supreme court ruling judge marc nadon. Harper was enraged and a story was leaked to the media that chief justice mclachlin had lobbied against the appointment of marc nadon, with the pms press release issue that same day. The tenth justice judicial appointments, marc nadon, and the supreme court. Marc nadon appointment to the supreme court of canada. The charter revolution and the efficient part of canadas. Judicial appointments, marc nadon, and the supreme court act reference with charissima mathen ubc press, 2020. Oct 17, 20 quebec wants to join challenge to marc nadons court nomination. Toronto lawyer rocco galati has launched a legal challenge against the appointment, arguing that nadon does not meet the. Marc nadons appointment to supreme court of canada faces legal challenge by toronto lawyer ottawa its been a tough first week for canadas newest supreme court justice, who says he wont. In an unusual case, six of seven members of canadas high court blocked the proposed appointment of one of their own. Mackay defends nadon high court appointment ottawa justice minister peter mackay is defending the federal governments troubled appointment of marc nadon to the supreme court of canada even though it has left the high court shorthanded for a major constitutional hearing. Doctrine is everything for marc nadon, the outspoken.
The honourable marc nadon, a supernumerary judge of the federal court of. Prime minister stephen harpers appointment of semiretired federal court judge. Peter mackay escalates feud with supreme court, suggesting top court overstepped on nadon the harper government did not back down monday from its unprecedented public spat with the chief justice. Mar 21, 2014 supreme court rejects harper appointee marc nadon. Stephen harper raged against supreme court rulings, new book.
A challenge to the appointment by toronto lawyer rocco galati was resolved by the mclachlin court in april 2014 with a 61 decision that declared nadon ineligible based on a narrow, textual interpretation of the supreme court act. Ubc press the tenth justice judicial appointments, marc. At the same time, harper referred the appointment to the supreme court for an opinion. Marc nadon cannot take his seat on the supreme court of canada, the courts justices said friday, in an unprecedented move that blocks prime minister stephen harpers latest appointment to the top. Justice marc nadon looks around the room as he waits to appear before parliamentary committee following his nomination to the supreme court of canada on parliament hill in ottawa on oct. Justice nadon is currently a judge of the federal court of appeal, where he has served since 2001. Ottawa the opposition is raising concerns about a shorthanded bench after newly minted supreme court justice marc nadon stepped aside pending the outcome of a legal challenge to his appointment.
Where mclachlin does not hold back, however, is in describing the controversy between herself and then, prime minister stephen harper. Marc nadons appointment to supreme court of canada faces. Chief justice of the supreme court of canada warned ottawa in advance that naming justice marc nadon to the top court could be a problem. Opposition blames harper government for shorthanded. Church of atheism might worship science, but it is not a. The bungling of justice nadons appointment to the supreme. His father played professional hockey with the american hockey league in the 1940s as well as being a businessman. Judicial appointments, marc nadon, and the supreme court act reference, carissima mathen is published by university of british columbia press. How rocco galati became a oneman opposition to the. Reference re supreme court act, ss 5 and 6 wikipedia.
Marc nadon appointed to the supreme court of canada scc. The bungling of justice nadons appointment to the supreme court. Sep 16, 2019 in april, the harper government lost another reference. Nadon s reaction came in a terse, oncesentence news release from the supreme court. Why is marc nadons appointment to canadas top court so. Marc nadon cannot take his seat on the supreme court of canada, the. Explaining the supreme court ruling on marc nadon from. Peter mackay escalates feud with supreme court, suggesting. Justice marc nadon has decided, in light of the challenge to his appointment pending before the federal. Nadon appointment rejected on technicality, justice cromwell. Marc nadon 1009 st joseph bl orleans lawyer directory. Jan 22, 2020 where mclachlin does not hold back, however, is in describing the controversy between herself and then, prime minister stephen harper.
The supreme court of canadas rejection of marc nadon s appointment on friday is much more than simply an affront to the prime minister. As a rule, judges do not respond to public criticism, however when prime minister harper publicly accused ms mclachlin of interfering with the appointment of marc nadon to the supreme court, ms mclaclin was forced to respond. Mar 21, 2014 hours after marc nadon was sworn in as a supreme court justice in a private ceremony on oct. But the breaking point came with harpers controversial 20 appointment of marc nadon to the top bench. Marc nadon has developed his practice primarily in the areas of residential real estate law and willsestate planning. Facebook gives people the power to share and makes the world more open and connected.
His mother was of ukrainian background whose parents immigrated to canada from ukraine during world war i. Janet walkeroften we like scholarship lots because it reflects new or interesting perspectives on familiar subjects. In a truly stunning decision friday, the supreme court delivered a huge blow to prime minister stephen harper and the conservative government when it rejected the appointment of marc nadon to the. Jun 20, 2017 one only has to consider the invalidation of the governments senate reform plan, its criminal law changes, the unprecedented termination of marc nadons appointment to the supreme court the challenge initiated by a toronto lawyer, and so on. Retiring supreme court justice thomas cromwell says the courts historic rejection of stephen harpers judicial nominee marc nadon was. Enter justice marc nadon, a judge who had been sitting on the federal court of appeal. Following controversy about the appointment, the federal government referred the. Supreme court rejects appointment criminal lawyer in toronto. Nadon appointment rejected on technicality, justice. Nominated in september to fill one of the supreme courts three quebec seats, nadon was sworn in early in october only to step aside when his appointment was decried by quebecs national assembly and challenged in federal court. Controversial supreme court appointments a blockbuster in.
Thank goodness for lawyer rocco galati cleaning up harpers subversive mess. Judicial appointments, marc nadon, and the supreme court act reference, carissima mathen is published by university of british. A threejudge panel, including justice marc nadon whose appointment to the supreme court of canada was overturned in 2014 on eligibility grounds, found it does not. Mar 22, 2014 the timing of prime minister stephen harpers departure to ukraine positioned him perfectly to be well above the myriad of sharp criticisms of todays historic supreme court ruling on his appointment of marc nadon. The retiring judge says he feels very sorry for what happened to justice marc nadon. By rejecting justice marc nadon, harpers sixth and most recent pick for the ninemember bench, the remaining supremes laid down constitutional. I am again pleased to appear before the committee for the appointment of the honourable marc nadon, a federal court of appeal judge. We shouldnt play politics, in my book, with justice issues like this. Harper is not a lawyer and really had no idea what he was talking about on senate reform, on judicial discretion in sentencing, on prostitution laws, on safe injection sites, or marc nadons appointment. Supreme court of canada to decide constitutionality of. Justice marc nadons supreme court appointment challenged.
Federal government refers appointment of marc nadon to. Mar 21, 2014 the supreme court of canada has issued a stunning rejection of prime minister stephen harpers judicial appointment of federal appeals judge marc nadon to the countrys top bench. After the appointment of justice nadon was challenged before the. Although the chief justice of the supreme court warned the government there could be a problem with a federal judge being appointed to the top court, the. Sometimes, though, the story itself is so thoughtprovoking that a good telling is all that is needed to make the article worth commending to courts law readers. Although retrospective legislation was introduced after the appointment of justice marc nadon to the court, read more. Now, hes at it again with a court challenge against changes to the citizenship act that allow the government to revoke the canadian citizenship of dual citizens convicted of terrorism or treason. Hugo cyr, maxime sthilaire and robert decary all take the view that a federal court judge cannot lawfully be appointed to a quebec court. Justice marc nadon was rejected by the supreme court of canada because he did not meet the unique requirements to sit as a representative of quebec. Justice marc nadon looks around the room as he waits to appear before parliamentary committee following his. Beverley mclachlin bio provides insights into remarkable life.